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Lucreita D. Becude's Answers
- 599 Legal Answers
- 1 Legal Guide
3
Attorney answers:
Guardianship question.
There seems to be a two fold situation here. Did your mom sign the DNR and if she did, did she understand what she signed. If your mom is incapaciated I suggest you get guardianship over her. I also suggest you have a Korean interpreter come in and ask these questions to the doctor to ger a better understanding of what took place. Hospitals have their own forms for living wills and for health care surrogates. She may have signed giving that power to the doctor but if she was unaware of...
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2
Attorney answers:
Do i need to go through the courts?
Take the death certificate to the sheriff's office and ask for an escort to pick up your son. The only thing that will stop you is IF they have received an order from the court allowing them custody until a hearing is held. They would have had to serve you with that - so they probably do not.
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2
Attorney answers:
If a lease was done incorrectly is it binding in civil action/eviciton?
Saying OK is not the same as getting a receipt with a release. You may have to pay up. However, I would explain to the Judge what happened. As to the social and dob, scrivner's error. As long as you signed, you are old enough to know what you signed.
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2
Attorney answers:
Should I use an affidavit or deposition to obtain evidence for a divorce hearing?
Florida is notorious for appearance at the hearing. Affidavits are find but without the person attending, then it becomes worthless. Depositions of course always have more weight but here again, without the person attending, not much weight. However, it might be possible that with the deposition,you could arrange for telephone conference during the hearing in the event they would be needed at hearing. However, that is up to the court to approve.
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3
Attorney answers:
What Are Some Of The Legal Tax Avoiding Options With Wills?
There is no state inheritance tax in Florida. As to avoiding taxes you really need to schedule an appointment with a tax accountant lawyer. Trusts are good but they are really only good if your estate is really worth more than a couple hundred thousand. If you are talking a million or two then a trust and a financial advisor are the way to go. Just don't put your house in the trust as this being your homestead automatically keeps creditors for touching it, and you can exempt one car.
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1
Attorney answers:
My sister has sole power of attorney, is the executor of my parents estate and has her name on their accounts and assets-
Since your father's death, everything went to your mother. Upon her death, assets should be divided between the two of you. If you are unsure that this will happen, have you thought about becoming the guardian of your mother. You could file for guardianship and if your sister objects (she has a power of attorney that may or may not allow a preneed guardian), you have stated that they did not understand what they were doing. It could be a case of undue influence. You need to get an attorney...
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5
Attorney answers:
What is the first step to obtaining an efficient inexpensive divorce?
Marital agreements are fine and often used when there are no assets. However, you have invested 32 years of your life into this marriage "for better or worse". I suggest you find an attorney as you will be entitled to alimony and you certainly deserve it. Good luck and God Bless. Remember - you have rights - don't let him bully you into thinking you will not win.
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2
Attorney answers:
Do I have a case against the apartment complex
I definitely believe you have a case if what you say is correct. No notice is very damaging. Also it would depend on what your lease stated. Even though you terminated your lease, if it was required in writing and you did not notify them in writing that you would not be renewing your lease, then there is some question as to whether they were within the right to file an action. However, they would HAVE to file an action. you just don't call the credit bureau and say hey, he didn't pay blah...
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3
Attorney answers:
During mediation my husband agreed he would put a new roof on the house before July of this year.
At the hearing, inform the judge of his lack of cooperation. Have the Judge state in the papers 30 days to comply from the date of the final judgment. If he does not, then you can go back at him for contempt.
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2
Attorney answers:
Can they do this?
If she exited the store, yes, it is considered shoplifting. However, I do not believe the employees of the Walmart have the authority to search. This would be up to the police.
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